Land and Environment Court
of New South Wales
CITATION: Castle Constructions Pty Limited v North Sydney Council & Anor [2008] NSWLEC 137 PARTIES: APPLICANT
Castle Constructions Pty LimitedFIRST RESPONDENT
SECOND RESPONDENT
North Sydney Council
Minister for PlanningFILE NUMBER(S): 41312 of 2007 CORAM: Lloyd J KEY ISSUES: Judicial Review :- draft local environmental plan - rezoning of certain land - amendments to building height and massing controls - non-residential floor space ratio - requirements of public exhibition - failure to consider relevant submissions - exhibition process miscarried LEGISLATION CITED: Environmental Planning and Assessment Act 1979 (NSW) s 65, s 66, s 67, s 68, s 117
North Sydney Local Environmental Plan 2001
North Sydney Local Environmental Plan 2001 (Amendment No. 28)
Corporations Act 2001 (Cth) s 667B(1)CASES CITED: Gales Holdings Pty Limited v Minister for Infrastructure and Planning [2006] NSWCA 388
Gee v Council of the City of Sydney (2004) 137 LGERA 157
Jones v Dunkel (1959) 101 CLR 298
Minister for Aboriginal Affairs v Peko Wallsend Ltd (1986) 162 CLR 24
Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355
Schroders Australia Property Management Ltd v Shoalhaven City Council [2001] NSWCA 74
Smith v Wyong Shire Council (2003) 132 LGERA 148
Drake-Brockman v Minister for Planning [2007] NSWLEC 490
Weal v Bathurst City Council (2001) 111 LGERA 181
El Cheikh v Hurstville City Council (2002) 121 LGERA 293
Pilmer v Duke Group Limited (2001) 207 CLR 165
Phosphate Co-operative Company of Australia Pty Limited v Shears (No 3) 14 ACLR 323
Conocophillips WA – 248 Pty Limited v Batoka Pty Limited (2005) 54 ACSR 646
Lee Gleeson Pty Limited v Sterling Estates Pty Limited (1991) 23 NSWLR 571TEXTS CITED: Australian Securities and Investments Commission, Regulatory Guide 112: Independence of experts, October 2007 DATES OF HEARING: 11 February 2008, 12 February 2008, 13 February 2008 and 14 February 2008
DATE OF JUDGMENT:
15 April 2008LEGAL REPRESENTATIVES: APPLICANT:
T F Robertson SC and J E Lazarus (barrister)
SOLICITORS:
McLachlan Thorpe PartnersFIRST RESPONDENT:
SECOND RESPONDENT:
M G Craig QC and H P Irish (barrister)
SOLICITORS:
Mallesons Stephen Jacques
Submitting appearance
SOLICITOR:
Christine Hanson
General Counsel
Department of Planning
JUDGMENT:
IN THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES
Lloyd J
Tuesday, 15 April 2008
LEC No. 41312 of 2007
CASTLE CONSTRUCTIONS PTY LIMITED v NORTH SYDNEY COUNCIL & ANOR [2008] NSWLEC 137
JUDGMENT
Background
1 HIS HONOUR: North Sydney Local Environmental Plan 2001 (“the LEP”) commenced on 1 June 2001. Division 4 of the LEP was introduced by Amendment No. 9, which commenced on 28 February 2003. Division 4 applies to North Sydney Centre, which generally covers the North Sydney Central Business District and sets out the objects and planning controls which apply in that area.
2 On 8 May 2006, North Sydney Council resolved to prepare draft Amendment No. 28 to the LEP. On 31 August 2006 the council rescinded the resolution and resolved to prepare a new version…
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